Sec. 36.30.670. Hearing procedures.

281 words·~1 min read·/ak/title-36/chapter-30/36-30-670·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The chief administrative law judge ( AS 44.64.010 ) shall assign an administrative law judge to act as a hearing officer for a hearing conducted under this chapter. The hearing officer shall arrange for a prompt hearing and notify the parties in writing of the time and place of the hearing. The hearing shall be conducted in an informal manner. The provisions of AS 44.62 (Administrative Procedure Act) do not apply to a hearing conducted under this chapter.

(b)The hearing officer may

(1)hold prehearing conferences to settle, simplify, or identify the issues in a proceeding, or to consider other matters that may aid in the expeditious disposition of the proceeding;

(2)require parties to state their positions concerning the various issues in the proceeding;

(3)require parties to produce for examination those relevant witnesses and documents under their control;

(4)rule on motions and other procedural matters;

(5)regulate the course of the hearing and conduct of the participants;

(6)establish time limits for submission of motions or memoranda;

(7)impose appropriate sanctions against a person who fails to obey an order of the hearing officer, including

(A)prohibiting the person from asserting or opposing designated claims or defenses or introducing designated matters into evidence;

(B)excluding all testimony of an unresponsive or evasive witness; and

(C)excluding a person from further participation in the hearing;

(8)take official notice of a material fact not appearing in evidence, if the fact is among the traditional matters subject to judicial notice;

(9)administer oaths or affirmations.

(c)A transcribed record of the hearing shall be made available at cost to a party that requests it.